Class Actions in Civil Law Systems

Abstract

Class actions appear as a mechanism for regulating markets and encouraging honest practices. In light of economic developments, civil law systems today focus on adopting lawsuits capable of protecting aggrieved persons and easing pressure on courts as well as remedying the shortcomings of some other types of group lawsuits, which are ineffective, as we may learn from previous cases. This article is based on civil law jurisdictions; it analyses and highlights various legal principles that impede the adoption and efficiency of class actions to show that they are not an unfit lawsuit but rather a hindered one. The article adopts a comparative approach to two different law systems to demonstrate how each system regulates class actions: French legislation as an example of a civil law system and American legislation as an example of a common law system.